Is it an unethical referral fee for a lawyer to include a donation to an advocacy organization in the price of a legal-information product the lawyer sells?

Plain-English summary

A lawyer asked whether selling a videotape on child support, prepared by the lawyer, that included a $5 donation to an advocacy organization that encouraged purchase of the videotape would constitute an unethical referral fee.

The committee was of the opinion that it would not, since all that is being purchased is a product, not legal services. With no legal services being bought or recommended, the referral-fee concern of RPC 7.2(c) did not arise.

Currency note

This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Is it a referral fee to bundle a donation into the price of a legal-information product?

A: The committee said no, because the buyer is purchasing a product, not legal services, so the conduct is not an unethical referral fee.

Q: Why did the referral-fee rule not apply?

A: The committee reasoned that RPC 7.2(c) addresses giving something of value for recommending the lawyer's services, and here only a product was sold, not legal services.

Background and rules framework

The opinion applied RPC 7.2(c) (corresponding to ABA Model Rule 7.2), which bars a lawyer from giving anything of value to a person for recommending the lawyer's services. The committee treated the videotape as a product sale outside that rule, so the embedded donation did not convert the transaction into a prohibited payment for a referral.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.2 (advertising; payment for recommendations); Washington RPC 7.2(c)

See also

• WA Ethics Op. 1516: Lawyer for a Claim-Buying Company
• WA Ethics Op. 1511: Fee Split With a Lawyer Referral Service

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=599

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1518
Year Issued: 1993
RPC(s): RPC 7.2(c)
Subject: Referral fee; lawyer sells legal product and promises to make donation to organization that encourages purchase of product

The Committee reviewed your inquiry asking whether purchase of a video tape prepared by a lawyer regarding child support which would include a $5.00 donation to an advocacy organization [that encourages purchase of the videotape] would constitute an unethical referral fee. The Committee was of the opinion that if would not, since all that is being purchased is a product, not legal services.